Despite the Global Financial Crisis, REST’s earnings are on the rise again according to the latest information available.

In the three months to 30th September, 2009, REST earned 9.8% on its investments.

This represents a major change in the investment climate compared with the past two years.

The Global Financial Crisis was responsible for REST’s loss of 4% in the year to 30th June, 2008.

The worsening of the crisis in September, 2008 caused a further loss of 7.8% in the year to 30th June, 2009.

In each of these two years, REST performed significantly better than the average comparable superannuation fund as it was more defensively positioned for the possibility of a downturn.

Since March this year, Australian and global stock markets have risen significantly. This has overcome continuing losses of value in other asset classes such as property and infrastructure.

REST’s continuing out-performance against other comparable funds is illustrated in the following table.

Period to 30-9-09___REST Earnings___Super Ratings

3 months___________9.8%_____________9.3%

1 year______________3.3%____________-0.3%

3 years_____________3.0% pa_________-0.1% pa

5 years_____________7.0% pa__________5.3% pa

7 years_____________7.9% pa__________7.0% pa

10 years____________7.4% pa__________7.0% pa

20 years____________9.0% pa_________Not available

The table shows that REST has out-performed the average comparable fund for all time periods for which figures are available.

There is no guarantee that our economy is out of the woods and that investment markets will now resume growth.

However, the financial markets have performed well in the first three months of the new financial year, and REST will work hard to try to ensure that earnings growth will continue.

Shop Trading Hours Breakthrough

The NSW Government passed new shop trading laws last year which commenced operation on 1 October 2009.

These new laws have restored better balance to the distorted and unfair state of affairs which evolved under the previous laws which were enacted in 2008. The previous laws were nothing short of an unmitigated disaster for retail workers and their families. They operated to deny thousands of families the opportunity to celebrate days of special significance together.

Previous laws were flawed

The Union has spent the greater part of 2009 arguing that that the previous laws were flawed in their operation.

A core aspect of that legislation, as finally adopted by Parliament, was to retain the prohibitions on trading on particular days of significance – Christmas Day, Boxing Day, Good Friday, Easter Sunday and Anzac Day after 1pm. In her Second Reading Speech, the Honourable Penny Sharpe MLC in the Legislative Council on 26 June 2008 stated:

“The Shop Trading Bill] will also streamline and clarify the restrictions, which apply on the major public holidays ...

Of course, given that trading restrictions will now apply only on a handful of our most significant public holidays, the need for such exemptions should be significantly reduced.”

Notwithstanding Parliament’s decision to maintain Boxing Day on the list of restricted trading days, the Director-General proceeded to grant widespread indefinite exemptions and interim exemptions to retailers with respect to trading on Boxing Day 2008. This had never occurred before.

The Union was forced to defend another swathe of applications made by retailers to open for trade on Easter Sunday 2009 (81 applications alone) and Anzac Day. It was apparent that the Director-General, on this occasion, took a very different attitude to these days in comparison to Boxing Day and determined to reject the vast majority of the applications. One retailer exercised its appeal right, which is extraordinarily unavailable to the Union, and unsuccessfully challenged the Director-General’s decision in the Administrative Decisions Tribunal.

The Union has argued that the administration of the legislation was unfair, unbalanced and inconsistent with the original intent of Parliament.

The Union has reasoned that under NSW shop trading laws all retailers are entitled to open for trade on 99% of days per year. Small businesses, retailers located in holiday resort areas and essential retail businesses, such as chemists, are allowed, should they so choose, to open on 100% of days per year. Retaining the integrity of a mere 4½ restricted days per year for large retail shops will not significantly impact on the operation of these businesses when weighed against the public good of enabling all those in our community, including retail workers, to celebrate and observe these significant occasions with family and friends.

This view was strongly endorsed by eminent labour lawyer Professor Joellen Riley in a recent review of NSW public holidays legislation:

“Now that shops can trade all hours, seven days a week, on 360.5 days a year, it seems entirely unnecessary that a large section of the workforce should be denied a full 4.5 guaranteed rest days to commit to interests other than shopping. It is not clear to me why it should be necessary after the retail frenzy leading up to Christmas to reopen the shopping malls on Boxing Day, nor why it is necessary for people to engage in recreational shopping on sacred days such as Good Friday, Easter Sunday and Anzac Day. Surely the whole community deserves some respite from shopping. Family activities are spoiled when members of the family are required to work on those days.” The Union is pleased to advise its members that the NSW Government has listened to these concerns.

Restoring a fair balance

The new shop trading laws commenced operation on 1 October 2009. The laws amend the 2008 legislation, amongst other matters, in the following ways:

• Ensuring all staff working on a restricted day do so voluntarily, and expanding the voluntary labour provision to exemptions granted under previous legislation.

• Stating that the Director-General must not grant an exemption unless satisfied there are exceptional circumstances of the case in the public interest and having regard to the following matters.

(a) Nature of the shop and kind of goods sold.

(b) Need for the shop to be open on the day or days concerned.

(c) The likely effect on the local economy, tourism and small business and other businesses in the area.

(d) The likely effect on employees of, or persons working in the shop.

• An exemption, if granted, can only be granted for a period not exceeding three years.

• Allowing any person with a sufficient interest to apply to the Administrative Decisions Tribunal for a review of any decision.

• Applies the voluntary staffing provisions to all previous exemptions granted, including those granted for designated tourist areas.

The Union remains strongly opposed to exemptions which allow trading on these few significant days and will closely monitor the operation of the new laws over the next 12 months to ensure that they operate as originally intended.

Trading for large retailers on these days should remain the very rare exception to the rule and, in those instances where trading is allowed, all work should be strictly voluntary.

Public holiday reform for modern working hours

The NSW Government is also currently reviewing the legislation which governs our public holidays, the Banks and Bank Holidays Act 1912. The Union has made two comprehensive submissions to this review and is currently awaiting a report from Professor Joellen Riley in response to the submissions of the Union, employers and other interested individuals and community groups.

Central to the Union’s submission is that new modern public holidays legislation should properly reflect modern working hours and practices. The current legislation is mired in an early 20th century paradigm. There are a number of examples of the atrophy which has set into our legislation, including Easter Sunday is not a public holiday under NSW legislation. It can be assumed that, in 1912, it was inconceivable that retail workers would required to work on the Sabbath, let alone Easter Sunday.

In 2009 trading in the retail industry occurs 24 hours a day seven days a week. It is, therefore, very important that any new legislation recognise and reflect this reality. A modern seven day economy demands a modern seven day approach to public holidays.

Our social fabric should consist of a healthy balance between the commercial activity of business interests and our private lives, which consist of a rich diversity of human relationships and activities including our families, friends, communities and other institutions. The fair and proper recognition of public holidays under New South Wales law should facilitate this balance and not act as an impediment.

Work to live and not live to work

Public holidays are at the crossroads of a range of competing interests, but the overriding principle should remain how the State can support and facilitate people “working to live” and not merely “living to work”.

The Union has, therefore, urged a better balance and made a number of recommendations to the review, including:

1. Make Easter Sunday a public holiday. It is only a historical anomaly predating Sunday trading, that this most significant religious, community and family day was not declared a public holiday;

2. Ensure that when significant public holidays, like Christmas Day, Boxing Day, New Year’s Day, Australia Day and Anzac Day fall on a weekend, the actual day should be declared a public holiday and additional days be declared on the following Monday and/or Tuesday;

3. Ensure that an eleventh public holiday is declared to give NSW workers the same rights as workers in other states. This day should coincide with our Picnic Day, but should have the same recognition as a public holiday.

When the Rudd Labor Government legislated to abolish WorkChoices and to reinstitute fairness into Australian workplaces, many aspects of that legislation came into operation on 1 July 2009, including the reintroduction of unfair dismissal laws which applied to all Australian workplaces. Other aspects commenced operation in 2010. These new laws will progressively reshape the Australian industrial landscape in the coming years, providing workers with a fair and decent safety net with protection from unfair and unlawful conduct at work and providing employers with clear and consistent laws applicable to all private sector businesses across the nation.

A genuine national industrial relations system is close to realisation with both the NSW and Federal Governments announcing their common intent and introducing laws into both Parliaments at the time of writing which, if passed in both jurisdictions, will have the effect of providing the first genuine national industrial relations system. This will be remarkable achievement.

New aspects of the Fair Work Act 2009 which came into operation on 1 January 2010 include:

Modern Awards

During 2008 and 2009, the Australian Industrial Relations Commission has continued the enormous task of modernising and consolidating thousands of State and Federal Awards. This monumental endeavour was to be complete by the conclusion of 2009. New modern awards commence operation on and from 1 January 2010.

The new modern awards will apply to employees who are not currently covered by agreements (e.g. certified agreements, collective agreements, enterprise agreements, Australian Workplace Agreements and Individual transitional employment agreements).

Those employees presently covered by State awards, Federal Awards and the Australian Fair Pay and Condition Standard will benefit from the coverage of these new awards.

The new awards which shall apply in our industries include:

Through the hard work of the Union, working together with other States and National Office, we have secured a number of significant improvements in these awards compared to existing state based awards. There have, however, naturally been “trade offs” where some conditions have been removed or diminished.

Many existing conditions of employment will change as a consequence of the commencement of the new awards. There will be a five year transition period, which has been implemented by the AIRC, to “smooth” out many of the differences. For weekly rates, casual loadings, penalties and loadings, there will be increases and decreases, as appropriate, each 1 July for the next five years. These changes to weekly rates and other monetary conditions of employment will apply concurrently with national wage increases as determined each year by Fair Work Australia. For example:

A permanent part-time employee working for a fast food establishment currently covered by the Australian Fair Pay and Condition Standard (“AFPCS”) does not enjoy the benefit of any penalty rates on evenings, Saturdays, Sundays and public holidays. The new modern Fast Food Industry Award 2010 provides penalties and loadings on these days. Over the course of the next five years, employees will be entitled to these new penalties and loadings progressively.

All new allowances, however, apply with immediate effect from 1 January 2010.

National Employment Standards

In addition to the new modern awards which commenced on 1 January 2010, National Employment Standards (“the NES”) commence operation, which operate in conjunction with the Awards. The NES are minimum standards which cannot be displaced by an award or an agreement. An award or an agreement may enhance these conditions or supplement them, but cannot provide an inferior standard.

The NES is provided in the Fair Work Act 2009 and provides for:

• Maximum weekly hours

• Request for flexible working arrangements

• Parental leave and related entitlements

• Annual leave

• Personal / carer’s leave and compassionate leave

• Community service leave

• Long service leave

• Public holidays

• Notice of termination and redundancy pay

• Fair work information statement

State Referrals

At the time of writing the Union was awaiting the passage of the referral bills currently before both the NSW and Federal Parliaments. If the both bills pass through successfully, all employees in the private sector will be covered by federal workplace laws.

Unfinished Business

Notwithstanding the considerable achievements of the SDA, in conjunction with the broader union movement and the federal labor government, with the passage and commencement of the Fair Work Act 2009, the work of the Union is by no means complete. Much work remains in bedding down the new laws, negotiating and concluding new enterprise agreements in our industries, maintaining and improving the new modern awards, modernising “enterprise awards” and continuing our campaign for the right to arbitration, which is yet to be guaranteed under the new legislation.

All of this hard work will be addressed by the Union with the primary objective in mind of protecting and improving the working conditions of union members working in our industries.

Australia should be a fairer place from New Year’s Day 2010.

That’s when many new regulations and entitlements under the Fair Work Act 2009 started coming into effect.

This large piece of legislation is the Rudd Government’s answer to the axed WorkChoices policy of the former Howard Government and – for the most part – the SDA is happy with the way things are progressing.

The first of many major changes happened in July last year with the re-introduction of unfair dismissal laws which now apply to all workplaces.

This is a basic right which assures job security for SDA members.

Other important parts of the Fair Work Act that started coming into effect on 1 January have a five-year transition period.

This is mainly to do with “Modern Awards,” where the Australian Industrial Relations Commission has been modernising and consolidating thousands of State and Federal Awards into a few hundred.

These new Modern Awards will apply to employees who are not covered by any of the previously recognised employment agreements such as EBAs or AWAs.

Your SDA has worked hard with State branches and the National Office to secure improvements in these new Awards that affect retail, fast food and distribution workers.

However, there have been some trade- offs and there is a five-year bedding down process with a number of matters (see full story on page 4 of your Union journal). In addition to the Modern Awards, National Employment Standards (NES) will also apply from 1 January 2010.

These are 10 chiseled-in-granite, rock solid minimum standards that will apply for employees, and cannot be over-ridden by any Award or Agreement.

They include things like maximum weekly hours, ensuring parental leave, compassionate leave, annual leave, and public holidays.

These are not outrageous provisions, but things we expect in a modern civilised society.

Although the Rudd Government has delivered a number of changes, there is still much work to be done. In the meantime, new Enterprise Agreements with KFC, Big W, Just Jeans and Sara Lee Factory Outlets have been finalised and are featured in the current edition of the journal.

It has been another busy and challenging year and I want to thank all our staff, Delegates and members for their support.

I look forward to working with you again throughout 2010.

Occupational Health and Safety (OH&S) training is something that an employer is obligated to provide for all new employees. Likewise, an employee who has been with the company for a while may also need retraining or a refresher on various safety aspects. OH&S is not something an employer does out of kindness – it is a requirement.

Training is not just showing you a DVD or making you read a manual – this is only the start of it!

You need on-the-job training which includes things learned by actually doing that job whilst being shown the correct and safe methods.

Have you had OHS training? Do you understand and know your job?

In my job as an Organiser, members have told me that they have only been shown how to do the job, once! They have then been told to go and read the manual if they are not sure about anything regarding safety.

Wrong answer!

If this is happening with you or someone in your workplace, you need to speak up.

You need to advise your supervisor or line manager if you are not sure how to do the job or use your work equipment safely. In particular, lifting is a very important part of training as a back injury is imminent if you have not been shown how to lift correctly.

No matter what your employers attitude is, when you ask for help, in the end - they will agree, it’s easier to show someone how to do something more than once than to deal with the issues that come from an injury and workers compensation.

OHS training makes you a more valuable asset to your employer, it makes you a very important part of a team and also makes your workplace a safer place to work. As an employee, you not only have a right to ask for training, you have an obligation to receive it. If you don’t have the proper training and skills necessary to do your job safely - you are not only a risk to yourself, but a risk to every other employee that you work with.

If you happen to see something being done in a manner that may cause injury, talk to the person concerned to offer assistance, show them the right way if you are trained in that aspect, before they hurt themselves or somebody else. You may also need to talk to your manager or OH&S committee.

If you happen to be refused OHS training you must talk to your Store Manager and tell them of your concerns. If you don’t get the help you need or you think the training is being done incorrectly, speak to your Store Union Delegate or call the Union Office on 4961 4694 and speak to your Organiser.

Please remember OH&S training is an important part of our working life and it is what keeps us safe.

Christmas - Is it here already? How can we manage less stress at Christmas?

We all have busy lives, and trying to keep on top of it all, can sometimes seem impossible.

Pressure on employees to reach end of year goals can add additional stress to the holidays. Even simple, fun things such as baking for a school Christmas party can add to stress and seem like just one more thing to do.

Almost everyone wants to make extra money for the holidays, you might need to work extra hours or weekends. Losing a weekend, needed to prepare for the Christmas holidays can cause even more negative feelings. Short deadlines for important projects, some jobs needing to be completed in a hurry, because it is Christmas......... yes, that sounds like Christmas!

Want to keep your spirit up?

Tips to help you at Christmas:

• You can start by not causing stress on yourself.

• Allow plenty of time to park when going to work.

• Get organised, make a shopping list for Christmas gifts.

• Use Union Shopper to find you a better deal when you are purchasing goods, the phone number is 1300 368 117, or check the Union Journal.

• Start a Christmas planner to write down all your Christmas jobs, appointments, rosters and things you need to do over the holidays.

• A day out with your family or friends, on your day off doesn’t need to be expensive. Organise a picnic or a day at the beach, take leftovers and bread rolls so you don’t have to fuss. (Remember the sunblock!)

• Ask for help if you need it.

• Carry bottled water, and make sure you take your entitled breaks while you are at work. Check your Award or Enterprise Agreement if you are unsure of your break entitlements.

Breaks are not optional - you have an absolute right to receive and to take them when they fall due.

Remember:

• You must be paid for all the work you do, so if you are asked to work back, record the date, time and the name of the manager who authorised you to work overtime.

• Check your payslip to make sure you have been paid correctly.

Season Greetings!

Merry Christmas and have a safe New Year.

We wish our Members and their Families all the very best.

Long Service Leave is an entitlement to an employee who has 10 years of continuous service with the company.

The term ‘continuous service’ can be a bit misleading because it can be altered by maternity leave, approved unpaid leave or if you leave the company and resume work again with them, within 3 months.

While you are on Maternity Leave or any approved Unpaid Leave, your continuity of service with your employer will be frozen as at the time you take such leave, therefore you will NOT accrue any Long Service Leave during this time. However, on your return from either of these forms of leave, your entitlement ‘picks up where you left off’ when you resume work – even as a casual.

If you resign from the company and are re-employed within 3 months of finishing up, your entitlement once again – ‘picks up where you left off’.

For your 10 years service, you are entitled to just over two months of paid leave (8.67 weeks to be exact).

If you have been employed with a company between 5 and 10 years, you may be eligible to a pro rata amount, providing your reason for resigning is due to illness, incapacity, domestic or other pressing necessity.

Likewise, if you are terminated by the company for reasons other than serious or wilful misconduct, you are also entitled to pro-rata of your Long Service Leave entitlement.

All employees, regardless of age and whether they are full time, part time or casual are entitled to Long Service Leave.

Long Service Leave can be calculated in one of three ways BUT whichever is the greater:

• The ordinary pay that was being received at the time of your taking Long Service Leave or;

• In the case of part time or casual employees whose weekly earnings may vary, the average weekly amount of ordinary pay earned by you in the twelve months preceding the date upon which Long Service Leave is to be taken or;

• The average weekly amount of ordinary pay earned by you in five years immediately preceding the date upon which Long Service Leave is to be taken.

This ‘average rule’ also applies if you were fulltime or part-time and reduced your hours.

Remember you are entitled to the amount which is the greater.

Please note that any overtime, shift rates, loadings, penalty rates (including Sunday penalty rates) and allowances are

excluded from the rate of leave payment. However, bonus, incentive or similar payments, such as merit money must be taken into account when calculating your rate of payment.

When you start your Long Service Leave your employer will provide your ordinary pay in respect of the period of leave in one of the following ways;

• In full when you commence your leave.

• At the same time as your ordinary pay would have been paid if you were working.

• Other options by mutual agreement.

If your employer sells the business and you transfer from the old to the new in a transmission of business, the new employer becomes liable for your Long Service Leave. This applies if this transfer is without a break and your leave entitlements were not paid out to you at that time.

You should take your Long Service Leave as soon as practicable after it falls due, having regard to your employers’ operational requirements. However you may wish to take it at a later date that you and your employer agree on.

Your employer can ask you to take your Long Service Leave but the timing should be by agreement between you and your employer.

You should take your Long Service Leave in one continuous period unless agreed upon otherwise between yourself and the company. Nevertheless, you may take it in two separate periods if you choose to.

If you are thinking of retiring and wish to postpone taking your Long Service leave until you reach retirement, this needs to be discussed with your employer.

If your Annual Leave ‘rolls over’ during your Long Service Leave, it is to be granted and taken separately.

Public Holidays that fall during your Long Service Leave extends your LSL by the number of Public Holidays which fell during this period.

As the Recruitment Officer for the Branch, I visit the fast food and small retail sites. These sites have lower membership than any other retail sector that the SDA covers. I often enter sites that will have no members at all.

In larger companies with a stronger Union density it is a lot easier to recruit members; as employees of these companies have generally seen a Union Official at their induction or have had contact with a Delegate once in store. This contact helps to establish who we as the Union are, what we do for our members and the importance of Union membership. However, in the sites I look after; this is not the case and signing new members can be very difficult.

In these sites it is essential for existing members to talk to their workmates about Union membership. If you are a member and enjoy the benefits of SDA membership, talk to your workmates about it. Encourage other staff to be part of the Union, if you have a story about how the SDA has helped you in the past; let other staff know. Relate to them the benefits that you utilise and help raise Union awareness in your site.

With a range of benefits and discounts including;

• Accident insurance

• Textbook scholarship

• Free legal visit

• Discount movie tickets

• Enterprise Bargaining

There is something to benefit every worker in the retail industry.

As a Union our strength is in our membership, which is why we need to have as many members in our sites as possible. So that we can effectively Bargain better wages and conditions for the workers in our industry. Everyone likes to have the support of someone they can talk to confidentially and seek advice from. We are here to support our members, no matter which company or sector of retail they work in. So please talk to fellow employees, encourage non members to join and play their part towards getting better conditions at work.

Young workers are most at risk of unfair treatment within workplaces, as they are often unaware of their rights and entitlements or even the role of the Union. I find in a lot of cases that young people believe that the Union works for the company or is some sort of government body. Neither is accurate but both are common misconceptions amongst young workers. Which is why it is important for senior employees to discuss with new starters and young staff the importance of the Union and its role in the workplace. We are here to support our members in the retail industry, but if everyone knew who we are and what we are about, this would make our job a lot easier.

So please talk to the people in your workplace about the Union and help promote the benefit of belonging to something that operates for its members. If you need membership forms or information on the Union don’t hesitate to contact our office on 49614694

Well, it’s that time of year again when we flock to the beach, the backyard pool or simply stay indoors and try to beat the heat and keep cool. It’s the SDA’s busiest time too, for inquires from our members regarding acceptable working temperatures within the workplace.

Every year from September onwards when the temperature rises above 25 degrees C we are inundated with inquiries asking:

How hot is too hot?

Under the OH&S Regulation 2001 your employer must ensure:

• They provide you with a safe and healthy workplace, including the temperature and humidity in which you work in.

• Identity, assess and control temperature risks when required.

• Ensure ventilation and air movement is provided indoors where it may become hot, and

• Work/Rest regimes are implemented depending on employee’s physical fitness, health, medication and weight.

• Individuals who are affected by heat must not drive as they may pass out whilst driving.

Heat related illnesses are a major concern during the warmer months and affect each individual differently from September through to March. These symptoms include Flushed skin, fatigue, dizziness, muscle cramps, nausea, vomiting, dehydration and an excessive pulse.

Minimising the Effects in the workplace

Workcover NSW has a Code of Practice called ‘Work in Hot or Cold environments 2001’. It recommends regular monitoring of the workplace once inside temperatures exceed 25 degrees C, depending on the type of work performed.

If any employee feels the workplace is too hot they must first raise the issue with management and/or an OH&S committee member immediately. If they are not satisfied with the response and/or no actions are taken, they need to contact their Store Delegate or the SDA Office immediately.

The following steps should be considered when attempting to reduce discomfort of employees:

• Ventilate the work area to provide cool or cooled air

• Use fans or other means to circulate airflow

• Monitor temperature, humidity and workers physical response to the environmental conditions

• Organise the work for those that undertake greater physical exertion to be done at cooler periods of the shift.

• Rotate work in hot conditions to limit exposure to individual employees

• Provide employees with ready access to clean drinking water within 30 meters or ones work area.

Because each of us are affected by heat in different ways, don’t wait till it gets too bad before speaking up. Please ensure you call us on 0249614694 if you have any concerns about your workplace, big or small.

Hi everyone, questions often arise regarding members “especially ladies” getting to their car after nightshifts. Whether you work in a supermarket, department store, warehouse or fast food outlet – if you finish after dark or start in the dark, it doesn’t matter what company you work for, you have a right to expect to get safely to your car.

Some suggestions are:

• Always try to park as close to your staff entrance as possible.

• If you start in daylight hours and are working into the night, move your car closer in a break or request to go and move your car before dark (to your manager on duty).

• Always try and park somewhere with lighting.

• If you are finishing work at the same time as others, walk to your car in numbers.

• A fellow staff member may be parked closer and could drop you to your car.

If none of these options are available, request a manager or a security guard where possible, to escort you to your car.

Christmas is here again and parking in shopping centres becomes a problem. At this time of year, if possible, it may be a good idea to carpool or get a lift to work and then have someone pick you up. Perhaps even public transport is an option where possible. Remember the company has an obligation to make sure we are safely getting to our vehicles at night, so if you feel unsafe, organise yourself with some of the above suggestions or request an escort.

The SDA will often receive a call in regards to a member’s car being damaged whilst at work, usually in public car parks or even staff parking areas.

Your car is covered under your own personal vehicle insurance - providing you have full comprehensive cover with your insurance provider.

The company is not responsible for damage to your vehicle. This is another good reason perhaps to car pool, get a lift or use public transport.

Don’t leave any valuables in your car such as mobile phones, cameras, wallets, Christmas shopping etc. as vehicle insurance quite often doesn’t cover personal belongings. If you have to leave things in your car, put them in the boot or out of site - visible items just tempt a thief to target your car.

Your vehicle is your responsibility. Your personal safety is the responsibility of both yourself and the company!

So remember, consider parking options, arrange to move it before dark if working late and after daylight if you start in the dark. But importantly, if you feel uneasy about getting to your vehicle, request a manager or security to escort you to your vehicle.

If you have any issues regarding your safety, please contact the SDA office on 02 4961 4694 or speak to your Union Delegate. To all members – take care.

Workers Compensation can seem very complicated and most people do not understand what their basic rights are when they are injured in the course of their work. In retail, much of the work is repetitive and can cause a workers’ comp injury, this may well happen to you or perhaps to someone you know.

Union members do not always ring the SDA office to notify us of workplace injuries and sometimes the Union Delegates in your store are not informed either. In many visits to stores where I have spoken to injured workers, their comments were frequently similar to these:

• I didn’t think my injury was significant enough to contact the Union.

• The company have been great and I’m sure they will look after me.

• I didn’t know the Union could help with Workers Comp.

• I was told that I had to go to the ‘company’ doctor.

Wrong! If you get hurt AT work, on the way to work, in your break or on your way home, then you need advice and you need to ‘phone a friend!’ Call the SDA.

These are some basic guidelines to follow if you get injured at work: If you suffer an injury or disease at work, which is caused, aggravated, exacerbated, or accelerated by the work that you do, you must

• Seek medical attention from a doctor or hospital, if necessary. This can be your own GP or a doctor of your choice. (No doctor is better able to assess you, than your own doctor!).

• Report the injury to your manager and ensure that it is recorded accurately in the Injury Report Book (this must be available at your workplace). The company must then notify the insurer and your claim is then provisionally lodged)

• Visit your doctor or a doctor of your choice (if you haven’t already done so) and obtain a Workcover Medical Certificate. The Worker’s Compensation system provides benefits to compensate you if you have been injured at work.

These benefits are available whether you are Full Time, Part Time, or casual - so don’t believe anyone who says you’re not eligible because you are a casual employee! Make sure you contact the SDA.

Your Doctor’s Appointment:

The company does need to liaise with your doctor to organise a Return to Work Plan that suits your restrictions but you do not have to have a company representative in your consultation while you are speaking to your doctor or being examined. You and the company should arrange either:

• A separate appointment following yours.

• To come in to speak to the doctor at the end of your appointment.

• To contact your doctor by phone, fax or email.

The doctor consults with the company, for the doctor to ‘sign off’ on a return to work plan which suits your restrictions. You also need to sign this document and be given a copy of it.

Rehabilitation Any injury or illness occurring in the workplace, should be considered serious and you also may need rehabilitation.

Rehabilitation aims to restore you to the fullest physical, psychological, economic, vocational and social capability possible.

It involves early intervention with appropriate services based on assessment of your needs. This is arranged through a rehabilitation provider.

Rehab Providers A Rehab provider is a team of Occupational Health practitioners who provide specialist advice and recommendations at the workplace to injured workers and their employers.

The injured worker can be referred to a rehab provider for assistance, by anyone, including the employer, the insurer, the Union, a Union Delegate or a member of the injured worker’s family.

If you are not satisfied with the treatment you are receiving from a provider, it is your right to change your provider - there are no legal requirements, to continue to receive treatment from a provider with whom you are dissatisfied.

Do any of these apply to you?

• Have you been given a provider that was nominated by your employer and/or insurer and been told you have to use their services, only to find out later or just now, that you had the right to choose your own provider all along?

• Do you believe that there are duties in the workplace that you are able to do, but your provider hasn’t identified them?

• Are you being pressured to increase your hours of work when you are medically not ready to increase hours?

• Is there a lack of communication between you, the insurer, your doctor(s), your employer, and any other treating health professionals regarding your return to work?

• Has your rehabilitation provider failed to assist you in locating suitable alternative employment? (if applicable)

• Are you having to constantly chase up your provider for treatment, diagnostic evaluation (CT scans, MRI’s, etc) and approvals for specialist medical opinion and assessment?

• Has your rehabilitation provider failed to inform you of your rights and responsibilities?

• Has your rehabilitation provider failed to help you with issues relating to payment of wages, reimbursement of travel expenses, medication and other entitlements, or aids and special equipment?

If you answered yes to any of these questions, you may want to consider changing your provider. As mentioned earlier, this is your right!

A reliable provider

The Unions preferred rehabilitation provider is Health & Safety Solutions who will:

• Help you return gradually and safely to work.

• Provide various health professionals to assist in managing your injury.

• Spell out what you can and cannot do on a return to work plan.

• Give advice about changing parts of the job that you do.

• Make sure that suitable duties, suggested by the nominated treating doctor, have been agreed to.

• Ensure effective communication exists between you, your employer, the insurer, your nominated treating doctor and the SDA when writing a return to work plan.

• Assess needs such as equipment or aids that may be necessary in your work or even in your day-to-day living at home etc.

• Conduct vocational assessments to help you make decisions regarding future employment if you can no longer perform your previous role, and

• If necessary, help you look for a new job.

The Union employs Workers Compensation Specialists who can assist you with your claim.

The Union also provides free legal assistance to members who require it for more complex compensation matters.

If disputes arise regarding the liability of insurers, the payment of benefits, etc, the matter may be referred by your Union Organiser to the SDA’s industrial officer, David Bliss.

Remember, the SDA can also arrange a referral to Health & Safety Solutions and instruct you how to change to this Rehab Provider if you require.

Simply ring our office on 49 614 694 if you need any help at all.

Wishing you all a safe and happy Christmas and New Year, see you in 2010.

Hi to all of our valued members!

As I visit my stores, it seems many members are not aware of just what your membership covers.

So here is an outline of several of the benefits that all SDA members have access to.

• Wage and job protection, and industrial advice, assistance and representation – If you want advice, have an issue at work or need representation, you can just contact the Union office for help. You can get free advice from us at any time on your rights at work, wages, rosters, public holidays etc.

• Negotiations of Agreements – The SDA negotiates new EBAs for our members, improving your entitlements and ensuring regular wage increases. The more members per company we have, the better we usually do in negotiations.

• Accident insurance – All SDA members are covered by our free accident insurance scheme, which covers you for accidents outside working hours. This includes broken bone insurance, where if you break a bone outside of work, you may be eligible for financial compensation.

• Workers’ compensation – If you have an accident during working hours you are probably covered under workers’ compensation. The Union can give you advice on both the company’s and your obligations, attend meetings with you and provide legal advice with free visits to solicitors.

• Help with harassment and discrimination – If you are having a problem with harassment or discrimination, just call us and we’ll help you work out what to do.

• Textbook scholarships – Each year, the SDA invites members to apply for one of 300 textbook scholarships worth $100 each. Application forms are included in the Spring edition of the journal each year.

• Legal help – SDA members receive a free first visit to our solicitors on any personal issue. Our solicitors will also prepare your Will at a discounted rate.

• Saving money on purchases – As a member of the SDA, you get free access to Union Shopper, a service which will do the leg work on getting the best price possible on whatever you’re looking to purchase, including electrical goods, cars, travel and accommodation, car hire, computers and much, much more.

• Discount movie tickets – The SDA has negotiated discount prices on movie tickets purchases made through the Union office.

• SDA Savings Book – Every member receives an SDA Savings Book every 12 months. Your Savings Book contains discount coupons for everything from dining out, fast food, movies, ten pin bowling and major attractions in Sydney, Newcastle and Central Coast areas for you and your family to enjoy.

• Union journal – Every member receives a copy of the Union magazine every three months. It contains information regarding your work entitlements, lots of competitions, and discount vouchers to various theme parks, both locally and around Australia.

• Easter Show discounts – Each year, members can purchase Easter Show Tickets at 25% off. Application forms are published in the Autumn edition of the Union journal.

• Tax deductible fees – Tax time is coming around again. Don’t forget that your Union fees are 100% tax deductible. If you need assistance to do your tax, ITP provides a 10% discount to SDA members.

Your Union, the SDA, is constantly negotiating wage increases and improved entitlements, such as paid maternity leave, on your behalf, plus all the discounts listed above as well as much more. And with union membership being 100% tax deductible, you can’t go wrong!

Keep your SDA membership card with you as our phone number and your membership number are on it.

If you ever need advice, support or assistance, or to find out more about the many discounts available to you, contact the SDA Office on 4961 4694.